Medical Malpractice Claims: What You Need to Prove

Medical malpractice occurs when a healthcare provider's negligence causes injury to a patient. These cases are complex and require proving specific legal elements.

The Four Elements of Medical Malpractice: 1) Duty - A doctor-patient relationship existed, 2) Breach - The provider failed to meet the standard of care, 3) Causation - The breach directly caused your injury, 4) Damages - You suffered actual harm as a result.

Standard of Care: This is what a reasonably competent healthcare provider in the same specialty would have done under similar circumstances. Expert medical witnesses are typically required to establish what the standard was and how it was breached.

Common Types of Medical Malpractice: Misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, failure to obtain informed consent, and hospital-acquired infections.

Challenges in Medical Malpractice Cases: These cases are expensive to pursue (expert witnesses, medical record review), have shorter statutes of limitations in many states, require proving causation to a high degree, and face damage caps in some states.

Before Filing: Most states require a 'certificate of merit' from a medical expert before filing suit. Some require mediation or arbitration first. Consult with a medical malpractice attorney to understand your state's requirements.

Damages You May Recover: Medical expenses (past and future), lost wages and earning capacity, pain and suffering, loss of enjoyment of life, and in some cases, punitive damages for egregious conduct.

Finding the Right Attorney: Medical malpractice cases require specialized knowledge. Look for attorneys who focus on medical malpractice, have access to qualified medical experts, and have a track record of success in these complex cases.